1. Investment dispute settlement: The Multilateral Investment Court
Brussels, 6 September 2019
Investment dispute settlement:
The Multilateral Investment Court
Colin Brown
Unit F2 Dispute Settlement and Legal Aspects of Trade Policy
DG Trade, European Commission

2. Multilateral Investment Court
Main features of the
Multilateral Investment Court

3. A permanent mechanism:

4. Design features First instance and appeal mechanism
Consistency and predictability
Correctness
Full-time salaried adjudicators appointed by the treaty parties for fixed non-renewable terms
Enhanced legitimacy
High qualifications and ethical requirements, including representativeness requirements
Judicial independence and impartiality
Accountability

5. Design features Special provisions for SMEs
Accessibility
Reduction of costs
Effective enforcement procedures
Effectiveness
Open to all interested countries
Applicable to all 3200 existing international investment treaties ('opt-in mechanism')

6. Why a Multilateral investment court?

7. Ad hoc system impacts
right to regulate

8. Ad hoc system
generates additional costs

9. Ad hoc system cannot:

10. Permanent body protects
right to regulate

11. Permanent body
reduces costs

12. Permanent multilateral body can:

13. Why multilateral action ?

14. UNCITRAL Working Group III (Investor-State Dispute Settlement Reform):
Thank you
European Commission, DG TRADE, Multilateral Investment Court project:
Working document from the EU on possible reform of ISDS:
UNCITRAL Working Group III (Investor-State Dispute Settlement Reform):
Contact:
@trade_EU / @BrownColinM / #MultInvCourt